Court hears Pocono Mountain's appeal of state agency's order to hand over tax forms

Wednesday

Aug 26, 2009 at 12:01 AM

STROUDSBURG — A Long Pond woman's drive to get copies of the employer-prepared tax forms of school district administrators met with skepticism on Tuesday from the county's top judge, who was concerned about privacy.

By DAN BERRETT

STROUDSBURG — A Long Pond woman's drive to get copies of the employer-prepared tax forms of school district administrators met with skepticism on Tuesday from the county's top judge, who was concerned about privacy.

"What is it you're looking for?" President Judge Ronald Vican asked Mary Ann Zeldenrust, a citizen who is seeking the W-2 forms of Pocono Mountain School District administrators, during oral arguments in Monroe County's Court of Common Pleas.

In March, Zeldenrust filed a Right to Know request with Pocono Mountain School District for a range of documents, including mileage logs for vehicles owned or leased by the district, and gas pump and odometer logs from the past school year, as well as W-2 forms of the central administrative staff who receive mileage reimbursements.

The school district provided Zeldenrust with existing log information, salary information on its administrators, and the flat mileage allowances. But it did not provide W-2 forms, citing privacy concerns.

Pocono Mountain pays out a total of more than $3,000 per month in mileage reimbursements to its top administrators, which are disbursed at a flat rate each month at an amount set in administrators' contracts.

No documentation through mileage logs needs to be submitted for the reimbursement to be provided, according to the district's lawyer, Deirdre Kamber. In other words, if an administrator drives one mile or one thousand miles in a given month, he or she receives the same flat sum, Vican confirmed.

"I would like to know how much of that money is going to their vehicles," said Zeldenrust, who represented herself during the oral arguments for the appeal. "I want to know how much of our money is augmenting their salary."

Zeldenrust appealed the school district's denial of her request for the W-2 forms to the state's new Office of Open Records, which opened in January. The OOR found in her favor, as it has in other cases involving these documents, though it also found that sensitive personal information could be redacted.

"A W-2 posting regarding mileage allowances/reimbursements does not reveal the employee's personal financial decision," read the decision by OOR. "It only reveals the amount of reimbursement given by the public employer."

But the school district appealed the OOR decision to the Court of Common Pleas, which prompted Tuesday's hearing.

Pocono Mountain argued on Tuesday, as it has in the OOR appeal, that providing these forms breached the privacy of school employees and violated federal law.

If allowed to stand, the decision would permit people to go to the courthouse or to a third-party vendor to demand anyone's W-2 forms, Kamber said. "This goes beyond a slippery slope," she said.

Vican signaled agreement with that perspective. "I wouldn't give it to you," he said to Zeldenrust, referring to his own W-2 form.

"And I don't think anyone out there would, either," he added, indicating the dozen observers in the courtroom.

"I do tell you that I have an issue with privacy," Vican said.

Zeldenrust said she did not object to the district redacting personal information, including Social Security numbers, health insurance information, home address and the number of dependents.

She said she wanted to know how much total compensation, beyond salaries, was paid out to top administrators.

"Let's face it, the school board raises taxes," she said. "Maybe this could be a place to cut."

Kamber said that changing district policy could be accomplished more effectively by other means, such as through the school board.

The school district also argued that the entire W-2 contained sensitive information.

"It's not a question of redacting this piece or that piece," Kamber said. "Everything about how that individual uses monetary resources is reflected in that document."

The OOR rejected the district's argument that providing the forms violated federal law. Precedent only bars the Internal Revenue Service from making the forms available, not local agencies, the OOR said.

Vican downplayed the importance of the OOR's determinations several times during the proceedings.

"They're not the final word," Vican said. "You still haven't had a final determination. That's what you're getting right now."

His formal opinion is pending.

Another open records decision that was scheduled to come before Vican on Tuesday was between the Rev. Andre Felder and the East Stroudsburg Area School District.

Felder could not attend because he was hospitalized, according to Mike Meachem, a citizen who attended the hearings. The oral arguments were postponed.

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